Case Note & Summary
The petitioner, B.Y. Nilugal, an Assistant Executive Engineer in the Karnataka Housing Board, was dismissed from service by an order dated 25.06.2019 passed by the Commissioner for Housing and Disciplinary Authority (2nd respondent) under Rule 8(viii) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957. The petitioner challenged this dismissal order by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking quashing of the dismissal order and reinstatement to his post. The court heard the matter and observed that the dismissal order was passed without conducting any disciplinary inquiry, which is a clear violation of the principles of natural justice. The court held that the dismissal under Rule 8(viii) without an inquiry is illegal and unsustainable. Consequently, the court allowed the writ petition, quashed the dismissal order dated 25.06.2019, and directed the 2nd respondent to reinstate the petitioner to his post as Assistant Executive Engineer. The court also directed that the petitioner be entitled to continuity of service and other consequential benefits, but not back wages.
Headnote
A) Service Law - Dismissal without Inquiry - Rule 8(viii) of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 - Natural Justice - Petitioner, an Assistant Executive Engineer, was dismissed from service under Rule 8(viii) without any disciplinary inquiry - Court held that dismissal without inquiry is illegal and violative of principles of natural justice - Quashed the dismissal order and directed reinstatement (Paras 1-3).
Issue of Consideration
Whether the order of dismissal from service passed under Rule 8(viii) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 without conducting a disciplinary inquiry is sustainable in law.
Final Decision
Writ petition allowed. The order of dismissal dated 25.06.2019 passed by the 2nd respondent is quashed. The 2nd respondent is directed to reinstate the petitioner to his post as Assistant Executive Engineer with continuity of service and other consequential benefits, but without back wages.
Law Points
- Natural Justice
- Dismissal without inquiry
- Rule 8(viii) of Karnataka Civil Services (Classification
- Control and Appeal) Rules
- 1957
- Articles 226 and 227 of Constitution of India
